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11-27-78 NOVEMBER 27, 1978 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Monday, November 27, 1978, with Mayor Leon M. Weekes presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Robert D. Chapin, Charlotte G. Durante and James H. Scheifley, present. 1. The Lord's prayer was recited in unison. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Mrs. Durante moved for the approval of the minutes of the r~gular meeting of November 13, 1978 and the special meeting of November 9, 1978, seconded by Mr. Chapin. Said motion passed unanimously. 4.a. Mr. Chapin moved for the appointment of John E. Gomery, Jr. to fill the vacancy created by Mr. Sanson's resignation, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Gomery came forward and was sworn in by the City Clerk. Mayor Weekes welcomed him to the City Council. Mayor Weekes had item 4.c. moved up to follow item 4.a. 4.c. Mr. Sansoh stated that he asked for this opportunity tonight to express his thoughts and feelings for the privilege of having served for the past four years as a Council member in the City and to basically thank the citizens, of Delray for that opportunity. Over the past four years, the town of Delray has become the City of Delray. ~During that time, they, as a Council, have been part of all that growth. This Council is a very responsible body who he is proud to have served with, each and every one, past and present, who adequately respond to the growth that has been allowed to occur and will 'provide for the manner in which future generations of this City can continue to live here. There are three basic things that need to be given attention within the'next year. The first is to provide for the transportation facili- ties and arteries that the public will be demanding, to adequately pre- cipitate their flow and their access to stores and recreation facilities; secondly, he hopes that Council will address the issue, particularly in the western section of town, of providing small passive neighborhood park areas, particularly for the children and the senior citizens; thirdly, there is a great demand now and even more will be within the next two years, particularly from the western sections of the City, for adequate fire and police protection. He feels that with proper planning and a proper sense of responsibility to priorities, these facilities can be provided without great outlays of tax burden and financial hardship on citizens. He thanked the citizens of Delray for having given him the majority vote in every precinct of this town as he tried to step up the political ladder. He would like to leave the Council with one thought given forth by the wise philosopher, Edmund Burke: "It ought to be the happiness and glory of a representative to live in the strict- est union, the closest correspondence and the most unreserved communica- tion with his constituents. Their wishes are to have great weight with him, their opinion high respect, their business unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions to theirs and above all, ever, and in all cases, to prefer their interests to his own." Mayor Weekes had item 8.b. moved up to follow item 4.c. 8.b. Mayor Weekes presented Resolution No. 102-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING RETIRING COUNCIL MEMBER AARON I. SANSON, IV. (Copy of Resolution No. 102-78 is on file in the official Resolution Book) Mayor Weekes read ~he entire resolution. Mr. Scheifley moved for the passage of Resolution No. 102-78, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes;. Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Mayor Weekes presented Mr. Sanson with the resolution and with a plaque which is given in recognition of Mr. Sanson's outstanding service to the City of Delray Beach and to the citizens of Palm Beach County in general. 4.b.1. Mayor Weekes personally thanked Mr. Sanson for the cooperation that he has given to the Council and particularly for the time that he has devoted unselfishly to betterment of the citizens of the City and of the citizens of Palm Beach County. Mr. Sanson has been involved in a myriad of things that most of us do not have the time to do. 4.b.2. Mr. Chapin stated that Mr. Sanson has been a valuable asset to the Council and he wished him well in his endeavors in his private life. Mr. Chapin further stated that he would like the Council to be aware that the new County Commissioner, Mr. Gregory, has been made aware of the City's relationships with the prior County Commissioner relating to the 9 acres south of Miller Park. The County Commission has placed purchase of those nine acres in its 78-79 annual budget. Our new commissioner was not aware of that but through the efforts of Malcolm Byrd, he believes he has been made aware of it. Mr. Chapin stated that he is planning to arrange a meeting with Ned Brook of the Area Planning Board with Mr. Carey, Mr. Mariott and himself to insure that the roads in the west section of this community which have not been included in the transportation needs of the year 2000 in South Palm Beach County will indeed be included. That plan, which is updated from year to year, is conspicuous in its omission for improvements in the greater Delray Beach area. He plans to pursue this matter vigorously with Mr. G~gory and the members of that organization. 4.b.3. Mrs. Durante stated that she feels that the one thing they can all say about Mr. Sanson.is that he has truly given unselfishly of his time and that the resolution which was read speaks very honestly of Mr. Sanson's dedication to the City. Although Mr. Sanson has disagreed with Council, at no time did they feel that he was operating at anything other than a level of the highest integrity that you can expect of a public official. 4.b.4. Mr. Gomery expressed his appreciation to Council for asking him back. He will try to carry on for the benefit of everybody in Delray and he hopes that he can do as well and devote the time and energy and enthusiasm as his predecessor. ~.b~5. Mr. Scheifley stated that Ron Sanson's name has three "N's" in it. Going through his name he thinks that "R" stands for Republican; as far as the "0" is concerned, Mr. Sanson has been outspoken and is quite an orator; "N" he is a notable person; "S" stands for sincerity; "A" he has both been aggressive and ambitious; "N" he is a noteworthy person and also noetic; "S" he has been self-confident which has been an asset; "O" he is an outgoing person and is operose; "N" he is certainly a newsworthy person. It is very difficult with three "N's" to find all those complimentary things in the dictionary. If he had been like Mr. Chips who went to Washington, it would be very easy: "C" he has been very conscientious; "H" he has been hard-working; "I" he is industrious; "P" he is persistent; "S" he has been very stimulating. Mr. Scheifley further stated that back in July the City Engineer, Mr. Church, wrote a letter to the Planning & Zoning Board making certain recommendations and requesting an ordinance be passed. He says the ordinance should require that street addresses be clearly shown on property so that the addresses, may be clearly visible. The Fire Department should be designated as being responsible for reviewing - 2- 11/27/78 and approving all street names and assigning street numbers and so forth. It seems to him that in a City of 38,000 people with all the commercial district and residential property they have, that every developed property should have a number on it. Some of the stores on Atlantic Avenue do not have numbers. They should have a very simple, direct ordinance requiring all developed property, both residential and commercial, to have street numbers, not only for the convenience of the Fire Department and the Police Department, but for the conven- ience of the public. He suggested that Council schedule this for a workshop meeting. 4.b.6. Mayor Weekes stated that he is somewhat disconcerted and dis- appointed that they have not been able to meet on a one-to-one basis or any other basis with Mr. Gregory, the new County Commissioner. There are at least two persons on this Council that have made an effort to reach Mr. Gregory to no avail. Another member of the community has made repeated efforts %o no avail and this person is in a position of substantial authority. It gives him pause as to what kind of represent- ation the South County is going to have on the Commission for the next four years. 5.a. A gentleman from the audience requested a new sign for Orange Terrace. The City Manager agreed to look into it. 5.b. Mr. Manafo stated that the City Engineering Department under Mr. Church and particularly the work of Kirk Schreiber in helping the Bass Creek residents in overcoming a flooding problem has really been outstanding. They have left a very lasting impression on him and all the other residents for the kind of work they have done. He asked if the development bond for the Bass Creek area has been ~efunded to'the developer. The City Attorney stated that it has. Mr. Manafo further stated that the City accepted the roads on January 1, 1978 with the stipulation of being a twelve month warranty. He referred to a memo- randum from Mr. Church to Mr. Saberson requesting some legal ac'tion to bring Mr. Fuller in line with the kind of work that was promised. Their own independent work has indicated that there may be discrepancies between the engineering report submitted by the developer and the actual elevations that exist in that area creating a flooding problem. They are ~unable to find a number of the drains. On January 1st when the City's warranty runs out, will the City still have recourse against Mr. Fuller? The City Attorney stated that he has just today received the memo that Mr. Manafo is referring to and he will be reviewing that whole situation and if Mr. Manafo will contact him in the near future, he will be glad to answer that question. Mr. Manafo urged Council to follow through with this. They have all of Mr. Fuller's extensions and they have been numerous. No work has been started out there and if, for any reason, they could not hold this particular developer liable, that would mean that the City would probably have to correct the problem at great expense. 5.c. Mr. John Donovan of 1515 Gallinule Drive, the new president of the Tropic Palms Homeowners Association, stated that last August he came before the Board and complained that there are very few dogs that are licensed in the City. Last Monday night he checked at the Police Department and there were then forty licenses issued. He is amazed that the City does not publicize the need for a dog license here. If you read in the newspaper, there is a wave of rabies down from Alabama into the Panhandle and it is affecting all kinds of animals. If it comes down here, we will have a serious problem. The City Attorney stated that it was decided in conjunction with the codification project with municipal code that since the County had an ordinance dealing with the licensing of dogs which would be in effect in the cities if we did not have an ordinance, that we would in the future leaye that to the County. Also, there was a survey that was transmitted that was done by the Administration and passed out to Council - 3 - 11/27/78 members that indicated those veterinarians that did offer City licenses and those that did not. Mr. Donovan further stated that a new ordinance was passed regarding firefighters and the rules and regulations regarding them have not come forth. It seems that the City could have prepared those well in advance. It leaves these people in limbo as to what their rights are as to their health insurance and all kinds of benefits. Some members are leaving the department. They may have a large train- ing :expense to replace these people. He hopes that a real effort will be made to take care of this matter. Mr. Donovan stated that in regard to street addresses, they have Post Office mail boxes on their streets with their names on them and people came down on three different nights with baseball bats and knocked them all down. He requested greater police protection in their area so that this will no longer continue. He further stated that the street sign on Audubon' and Lindell Boulevard is no longer legible. He hopes that action will be taken to have that repainted. 6.a. The City Manager reported that Council at a workshop meeting decided informally to ask for the appointment of Mr. Chapin by the Governor to the Metropolitan Planning Organization as replacement of former Councilman Aaron Sanson. It is recommended that Council take formal action tonight nominating Mr. Chapin to serve as a member of that organization. Mr. Scheifley moved that Mr. Robert Chapin be nominated for the Metropolitan Planning Organization, seconded by Mr. Gomery. Said motiom passed with a 4 to 0 vote. Mr. Chapin abstained. 6.b. The City Manager reported that Council, at the. November l~h meeting, approved an Inter-Local Agreement between the City and the County providing for continuation of the Community Development Program. The termination date of this agreement as approved by Council is September 30, 1979 whereas it should have been to the expiration of the Housing and Community Development Act of 1977. Mr. Gomery moved for the approval of the Inter-Local Agreement with Palm Beach County for the Community Development Activities, seconded by Mrs. Durante. .Said motion passed unanimously. 6.c. The City Manager reported that Council agreed informally at the November 20th workshop meeting to give consideration at tonight's meeting to the request of the Fire and Engineering Departments rela- tive to the street name and number changes in Pines of Delray. In reference to a memorandum from Mr. Church, the City Engineer, Council agreed to have four motions. Mr. Chapin moved that the recommendation from the City Engineering Deparment to eliminate street names designated S.W. 10th Court, S.W. 23rd AvenUe and S.W. 24th Avenue be adopted, seconded by Mr. Gomery. Said motion passed unanimously. Mr. Chapin moved that the recommendation from the City Engineering Department to officially change the name for Ixora Terrace to Orange Terrace which was original, requested by the Post Office be approved, seconded by Mrs. Durante. Said motion passed unanimously. Mr. Chapin moved that the recommendation from the City Engineering Department to change those three buildings which are addressed Lowson B'oulevard to Del Aire Boulevard be approved, seconded by Mr. Scheifley. Said motion passed unanimously. Mr. Chapin moved that Council not adopt the recommendation from the City Engineering Department to eliminate the improperly named streets; Croton Lane, Palm Lane, Pansy Lane, Willow Lane and Shady Lane and leave those lanes named as they presently &re named, seconded by Mrs. Durante. Said motion passed unanimously. - 4 - 11/27/78 Before roll call on the previous motion, the following dis- cussion was had. Mr. Gomery stated that there was a suggestion made by Mr. O'Brien that an indexed map should be made up with present streets and buildings just as they are currently shown on the City map without any changes, that that should be placed in a frame under glass outside the south clubhouse. Mayor Weekes stated that the Homeowner's Association can take care of that. Council is not going to try and impose that on4 them. Mr. Scheifley asked the administration what is the possibility of some sort of disaster due to these names, possibly as a result of new personnel in the dispatch center or the Fire Department. The City Manaqer stated that there is a possibility but whether or not that possibility is increased and to what degree by not making the changes is not really known. It would be an impossibility for anyone to attempt to assign numerical values to it as to just what the odds would be. Mr. Scheifley asked what the primary reason is in the recommend- ation that these improperly named streets be eliminated. The City Manager stated that it is thought that it would make it easier for drivers of emergency vehicles to find and get an'address whether it be fire, police or a first-aid wagon. It might also make it easier for the Post Office to deliver mai~ but that does not fall into the emergency class; it is secondary. Mrs. Durante stated that for the same reason that she is supporting changing the addresses of those buildings that now have Lowson Boulevard to Del Aire addresses, she feels that the addresses of those buildings on the lanes should not be changed because you have buildings sitting on those lanes, whereas if you gave them the addresses of those other streets, they would not be sitting on those streets. For example, on Croton Lane, there are two buildings and to give them Citrus Way addresses, you are back to what we have with the Lowson Boulevard addresses. Mr. Church stated that the two buildings are set off of Citrus Way in that particular instance and it is a case where they can be found even with their present address. It is not an ideal situation though. If the streets out there are illegally named, you would not find them on the map. One thing should~be done; they should be made official names. ~ ~ Mayor Weekes stated that the City is the one that has permit- ted this to be perpetrated. He is not prepared to upset the people who are living in those buildings for the sake of eleven buildings. He hopes that the City Council and the Administration have learned a lesson from this that they should not allow this to happen again. He agrees with Mr. Church that if they do not change the names of these streets,then they should make them legal. He instructed the City Administration to have these streets officially named as they are presently designated. Mrs. Durante stated that on Palm Lane there are two little prongs, both named Palm Lane. One goes dead east and the other one goes dead north. She suggested that one be called Palm Lane East and the other one called Palm Lane North because they definitely go in different directions. At this point the roll was called to the fourth motion. The President of the Pines Association thanked the Council members for taking the time to come out and see their problem first- hand. Mayor Weekes, on behalf of the Council, thanked the citizens from the Pines of Delray and the officers of the association for the - 5 - 11/27/78 manner in which their presentation has been made. He further stated that it is very rare that they have an item in which there is as much interest generated, as there has been in this one, where the present- ation has been as factual and as well made as it has in this. 6.d. The City Manager reported that Council should consider author- izing the administration to request permission from Palm Beach County for the City to annex portions of Linton Boulevard. The annexation request is made in order to provide for patrolling and law enforcement along the two isolated sections of Linton Boulevard which lie within the general boundary of the City limits but fall in the County's jurisdic- tion. The portions involved are as follows. That portion of Linton Boulevard lying between the east right-of-way of GermantoWn Road and west right- of-way line of Seaboard Railroad, and That portion of Linton Boulevard lying between the north-westerly projection of the north-easterly right-of-way of Germantown Road and the east right- of-way of State Road 809 (Military Trail).~ This was discussed at the November 20th workshop meeting. Mr. Chapin moved that the administration be authorized to re- quest Palm Beach County Commission to approve annexations of the following parcels of Land: 1) That portion of Linton Boulevard lying between the east ~ight-of-way of Germantown Road and west right-of-way line of Seaboard Railroad, and 2) That portion of Linton Boulevard lying between the northwesterly projection of the north-easterly right-of-way of Germantown Road and the east right-of-way of State Road 809, seconded by Mr. Scheifley. Said motion passed unanimously. A three minute recess was taken at 8:07 P.M. The meeting reconvened at 8:10 P.M. 6.e. The City Attorney reported that the letter of November 27, 1978, to Mr. Morgan Bragg, which the City Attorney's office has drafted, is the one is which we are requesting authorization to send to the in- surance defense counsel. It is important to point out that the letter and any negotiations for settlement are strictly between the City and its insurance carrier. This is not a response directly to the plain- tiff. It is a response that informs our insurance company that we have reviewed the complaint filed by the plaintiff, that we feel that the various allegations in the complaint are covered by insurance and therefore the insurance company, as is appropriate under our insurance contract, should take whatever action it deems appropriate. This letter is not intended to be a decision on the merits of whether the case should or should not be settled but is simply telling the insurance company that we feel there is insurance coverage for the allegations in the complaint,and therefore, it is the insurance company's responsibility and duty to go ahead and perform its obligations under the insurance contract. Mr. Scheifley referred to item 6.e. of the agenda where it says that the plaintiff, Richard Zolnay made an offer to settle his pending case for $16,000. Mr. Scheifley further stated that he has copies of three letters regarding this issue and he asked where in this correspondence is there any reference to $16,000. The City Attorney stated that the $16,000 reference appears in a memorandum that he wrote to City Council specifically informing Council of the pending settlement offer with Mr. Zolnay and also it appears in the status report of litigation which he furnished to City Council in conjunction with a report to the auditors. Mr. Scheifley stated that he personally would not want to take part in any procedure or any letter that might indicate that the insurance company would settle this case without going to trial. He is opposed to any compromise solution or any settlement by the insur- ance company for $16,000 or even $2,000. He thinks it should go to court. - 6 - 11/27/78 The City Manager stated that it his understanding that the insurance company alone has the prerogative of deciding whether to settle or not, that the insurance company does not need the City's acquiescence or approval. If that is correct, then why does the City need to do anything in order for the insurance company to be able to settle? The City Attorney stated that the insurance company has taken the position that there is coverage only under one count of the seven count complaint and transmitted the offer to the City for a response that would indicate whether or not the City wanted to participate and if the City did want to participate, how much. After discussing it with the insurance consultants and reviewing the complaint, they felt that the appropriate response to the insurance company was that the counts in the complaint are covered by insurance. The insurance company has the right to settle it if they feel that the settlement amount is reasonable. That is a judgment they have to make and pro- ceed accordingly under the insurance contract. The City needs to respond to the offer that was made by the insurance defense counsel, otherwise the City may be in the position of not cooperating as it should under the insurance provisions. Mr. Scheifley stated that he feels that there is a principle involved here and he feels that there is a point where the City should stand up and fight even if they have to go along without the insurance company. Mayor Weekes recalled a few years back when there was a serious injury as a result of an accident with a pistol and the City failed to respond properly to a letter from its insurance carrier and that re- sulted in an excess settlement over and above the City's insurance coverage of $250,000 Mrs. Durante moved that the City authorize the response to the correspondence of the insurance defense counsel representing Great American Insurance Company in regard to the plaintiff, Richard .Zolnay, seconded by Mr. Chapin. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - No; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. 6.f. The City Manager reported that it is recommended that Council approve the Final Estimate Reconciliation Agreement -- Salinity Monitoring Wells 1 & 2 in the amount of $8,450, which completes this contract. The total contract amount was $9,450, with credit in the amount of $1,000 for steel casing not used in storm drain project. Funding will come from the Water & Sewer fund contingency account. Mr. Chapin moved that Council approve the Final Estimate Re- conciliation Agreement regarding Salinity Monitoring Wells 1 & 2 in the amount of $8,450, seconded by Mrs. Durante. Said motion passed unanimously. 6.g. The City Manager reported that C~uncil, at the workshop meeting on November 20th, tentatively agreed to purchase a triangular piece of property located at the northeast corner of the intersection of 1-95 and S.Wo 3rd Street for the amount of the assessed value $2,385. Formal action tonight is recommended. Mrs. Durante moved that the City purchase the property located at the northeast corner of the intersection of 1-95 and S.W. 3rd Street for the price of $2,385, seconded by Mr. Chapino Said motion passed unanimously. 6.h. The City Manager reported that it is recommended that Council authorize approval of a second stipulation between the City and Palm Beach County Health Department. This stipulation increases approved plant capacity by 1 million gallons per day; grants the City a special allocation of 1477 e.r.c.s. (equivalent residential connections) in addition to the 25 per month which are currently allowed; and modifies the water main extension moratorium so that extensions may be per- mitted as ~ng as the limits extended on connections are.not exceeded. - 7- 11/27/78 The County Health Department Board is supposed to take action on November 30th with regard to this assuming City Council approval to- night. Mr. Gomery moved for the approval of a second stipulation be- tween the City and Palm Beach County Health Department as outlined in 6.h. of the agenda, seconded by Mrs. Durante. Said motion passed unanimously. 7. There were no petitions and communications. 8.a. The City Manager reported that the following quotations have been received for multipurpose room equipment for Pompey Park Recrea- tion Center: Bidder Quotation Diversified Des~.gn Enterprises $8,942.50 Boca Raton Harry Steinman Company 9,150.25 Miami Mark Products 9,333.00 Miami It is recommended that the contract be awarded to the low bidder, Diversified Design Enterprises in the amount of $8,942.50 by passage of Resolution No. 101-78. This award is subject to receiving full funding for this purpose from Palm Beach County through the Community Development Program. The City Manager presented Resolution No. 101-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF MULTIPURPOSE ROOM EQUIPMENT FOR POMPEY PARK RECREATION CENTER. (Copy of Resolution No. 101-78 is on file in the official Resolution book) Mr. Scheifley moved for the passage of Resolution 101-78, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.c. The City Manager reported that Ordinance No. 78-78 amending Chapter 9 "Building Code'! of the Code of Ordinances relative to consoli- dation of construction boards is before Council for consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the November 13th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 78-78: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDING CODE" OF THE CODE OF ORDINANCES BY ENACTING A NEW ARTICLE IV ESTABLISHING A BOARD OF CONSTRUCTION APPEALS TO HEAR APPEALS CONCERN- ING INTERPRETATION OR ADMINISTRATI'ON OF THE PRO- VISIONS OF CHAPTER 9, "BUILDING CODE"; CHAPTER 13, "ELECTRICITY"; AND CHAPTER 21, "PLUMBING"; ESTABLISHING AN APPEALS PROCEDURE; REPEALING SECTIONS OF THE AFOREMENTIONED CHAPTERS ESTAB- LISHING AND GIVING POWERS TO THE BUILDING CODE APPEAL BOARD, ELECTRICAL EXAMINING BOARD, PLUMBING BOARD, AND STANDARD MECHANICAL EXAMINING BOARD; PROVIDING A SAVING CLAUSE; PROVIDING AN' EFFECTIVE DATE. - 8 - 11/27/78 The City Manager read the caption of the ordinance. The City Attorney stated that Council, at the last meeting, requested that the terms of office be staggered 3 members for 1 year; 3 members for 2 years; and 3 members for 3 years. That has been done. The City Manager stated that the selection of one of the board member positions has been broadened slightly to read 'realtor or insurance agent' A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Chapin moved for the adoption of Ordinance No. 78-78 on Second and FINAL Reading, seconded by Mrs. Durante. Mr. Gomery stated that an item that he thought might be con- troversial is that 5 voting members of the board which is composed of 9 members shall constitute a quorum at any meeting. The majority of those present and voting shall be required to make any decision. That could be done by 3 members. The City Attorney stated that it can be reworded so that five voting members of.the board shall constitute a quorum at any meeting and a vote of not less than 5 members shall be required to adopt any affirmative action of the board. Upon the recommendation of the City Attorney, Mr. Scheifley moved that Ordinance No. 78-78 be postponed until the next meeting for Second and FINAL Reading, seconded by Mr. Gomery. Upon roll call Council voted as follows: Mr. Chapin - Yes; Mrs. Durante - Yes; Mr. Gomery - Yes; Mr. Scheifley - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 9.a. The City Manager reported that the Planning & Zoning Board at a meeting held on November 21st, recommended by unanimous vote that the site and development plan approval extension request for Martell Arms, located on the west side of N.E. 8th Avenue between N.E. 8th Street and Bond Way which expires on December 13, 1978, be extended for six months. The applicant requested one year's extension. Mr. Scheifley moved that the recommendation of the Planning & Zoning Board be sustained, seconded by Mrs. Durante. Said motion passed unanimously. 9.b. The City Manager reported that the Planning & Zoning Board at a meeting held on November 21st, recommended by unanimous vote that the final plat approval request for Spanish Wells (Phase III), located on the south side of Linton Boulevard between Military Trail and Dover Road, be approved, subject to the following: 1) Comments of the City Engineer as stated in his memorandum of November 20th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of November 14th. 3) Availability of water. Mrs. Durante moved that Council sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Gomery. Said motion passed unanimously. 9.c. The City Manager reported that the Planning & Zoning Board at a meeting held on November 21st, recommended b~ unanimous vote that the final plat approval request for High Point, Section VII be approved, subject to the following: - 9- 11/27/78 1) Comments of the City Engineer as stated in his memorandum of November 20th. 2) Comments of the Director of Public Works/Utilities as stated in his memorandum of November 14th. 3) Availability of water. Mr. Gomery moved for the approval of the final plat request for High Point, Section VII, seconded by Mr. Scheifley. Said motion passed unanimously. 9.d. The Planning & Zoning Board at a meeting held on November 21st, considered the Spinner rezoning request of a 3.8-acre parcel of land from R-1AA (Single Family Dwelling) District to RM-6 (Multiple Family Dwelling) District located in Section 21-46-43 on both sides of Del- Haven Drive, between the Intracoastal Waterway and A1A. The motion failed in a tie vote of 3 to 3 (Blair, Hill and Wallin voting "no"; Plume, Stebbins and Carey voting "yes"). The City Manager stated that the applicant requested today that this item be deferred at this meeting. Mr. Scheifley stated that he thought it has been policy that Council does not accept a recommendation from the Planning & Zoning Board unless four members voted in favor of it. The Mayor stated that it was his intention to refer it'back to the Planning & Zoning Board to get a consensus of that Board. A 3 to 3 vote is not a consensus of that Board. It was the consensus of Council to skip over this item tonight. 9.e. The City Manager reported that the Planning & Zoning Board at a meeting held on November 21st, recommended by unanimous vote that the rezoning request of a parcel of land from R-lA (Single Family Dwelling) District to R-1AA (Single Family Dwelling) District located in Section 12-46-42 on the east side of Barwick Road between Lake Ida Road and the L-32 Canal be approved for the following reasons: 1) The change would alter the population density, thereby decreasing the load on public facilities such as schools, utilities and streets. 2) The change would help to decrease traffic con- gestion by reducing trip generations produced by development of this area. 3) This area would become more compatible in terms of visual open space, in its relationship to the developments located to the east. Council may authorize the City Attorney to prepare the rezoning ordi- nance or refer it to workshop. Mr. Scheifley moved to sustain the recommendation of the Planning & Zoning Board, seconded by Mr. Gomery. Said motion passed unanimously. Mayor Weekes declared the meeting adjourned at 8:50 P.M. City Clerk ATTEST: MAYOR - 10- 11/27/78 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of November 27, 1978 which minutes were formally approved and adopted by the City Council on ~_~. ~ ./~ C ' ty Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 11 - 11/27/78